Wuyi County People’s Court’s Criminal Judgment on Xu Wei’s Bribery Case

People's Court of Wuyi County, Zhejiang Province

Criminal Judgment

(2014) Jinwuxingchuzi No. 603

Public Prosecution Agency Wuyi County People's Procuratorate.

The defendant Xu. He was arrested by the Wuyi County People's Procuratorate on suspicion of bribery.

Defender Guo Chunying.

The Wuyi County People’s Procuratorate accused the defendant Xu of accepting bribes in Indictment No. 1541 of the Military Prosecution Public Prosecution (2014), and filed a public prosecution with this court on October 29, 2014. This court formed a collegial panel in accordance with the law, applied summary procedures, and held a public hearing on this case on November 12 of the same year. The Wuyi County People's Procuratorate assigned prosecutor Zhu Juwei to appear in court to support the prosecution, and the defendant Xu and his defender Guo Chunying attended the court to participate in the proceedings. The trial is now concluded.

After trial, it was found that from 2011 to 2014, the defendant Xu served as the chief of the Industrial and Transportation Section, the chief of the Development Section, the deputy director of the Emergency Office of the Wuyi County People’s Government Office, and the Hushan Subdistrict Party Committee of Wuyi County. During his term as deputy secretary of the Working Committee, he took advantage of his position in charge of industry to seek benefits for others and illegally accepted Yan, Hu, Ying, Xia, Xu, Huang, Panjia and Chen in order to do good things with them. The relationship between them was convenient for them to take care of industrial land quotas, planning, construction projects, etc. The total value of the bribes such as cash, shopping cards, cigarette tickets, mobile phones and other properties was RMB 245,000. The details are as follows:

1. From 2011 to 2014, the defendant Xu illegally accepted mobile phones, shopping cards, and cigarette tickets as bribes from Yan of Zhejiang Chijiang Industry and Trade Co., Ltd., totaling *** RMB 112,000 yuan.

2. In November 2011, the defendant Xu illegally accepted a bribe of 20,000 yuan in cash and a Hangzhou Tower shopping card of 30,000 yuan from Hu from Zhejiang Hanlish Marine Propulsion System Co., Ltd., totaling ***. RMB 50,000.

3. From 2013 to 2014, the defendant Xu illegally accepted shopping cards worth RMB 30,000 from Ying from Zhejiang Yingcheng Industry and Trade Co., Ltd. on two occasions.

4. In August 2013, the defendant Xu illegally accepted a Futailong Supermarket shopping card worth 10,000 yuan and 10 Hetianxia cigarette tickets worth 9,000 yuan as a bribe from Xia from Wuyi Jiaping Fitness Equipment Co., Ltd. ***Total RMB 19,000.

5. In September 2013, the defendant Xu illegally accepted RMB 10,000 in Futailon Supermarket shopping cards given as bribes by Xu from Wuyi County Laiman Automotive Electronics Co., Ltd.

6. Before the Spring Festival in 2014, the defendant Xu illegally accepted an Intime shopping card worth RMB 10,000 as a bribe from Huang of Zhejiang Longtai Holding Group Co., Ltd.

7. On May 9, 2014, the defendant Xu illegally accepted the Wuyi Hongyan Hotel VIP consumption card worth RMB 10,000 as a bribe from Pan Jia of Zhejiang Rongrong Industrial Co., Ltd.

8. In June 2014, the defendant Xu illegally accepted a Futailong Supermarket shopping card worth RMB 4,000 as a bribe from Chen from Jinding Construction Company in Wuyi County.

On July 12, 2014, after the defendant Xu was summoned to the case by the procuratorate, he truthfully confessed the criminal facts that the procuratorate had not yet grasped, and returned the stolen money of RMB 245,000.

For the above facts, the defendant Xu had no objection during the trial, voluntarily pleaded guilty, and had documentary evidence of household registration, employment documents, prosecution history, Wuyi County government documents, instructions for increasing construction land quotas, and construction land use rights. Assignment contract, bid winning notice, contract agreement, relevant submission forms, meeting minutes, return invoices, etc.; witnesses Yan, Hu, Ying, Xia, Xu, Huang, Pan A, Pan B, Evidence such as the testimonies of Chen, Li, Ren and others confirmed the case, which is sufficient to establish the case.

This court believes that the defendant Xu took advantage of Taking advantage of his position, he sought benefits for others and accepted property worth a total of RMB 245,000 in bribes from others. His behavior constituted the crime of accepting bribes. The prosecution's accusation was established and this court supported it. After the defendant Xu was brought to justice, he truthfully confessed the criminal facts that the prosecutor's office had not yet grasped. During the trial, he voluntarily confessed, surrendered, and had returned the stolen money. His defender's defense opinion requesting that Xu be given a lighter punishment was established and accepted.

In order to safeguard the integrity of state personnel and the normal activities of state agencies and punish crimes, in accordance with Article 385, paragraph 1, 386, and 3 of the Criminal Law of the People's Republic of China and the People's Republic of China, In accordance with the provisions of Article 183, Paragraph 1, Item (1), Paragraph 2, Article 93, Article 67, Paragraph 2, and Article 64, the judgment is as follows:

1. Defendant Xu was convicted of accepting bribes and sentenced to nine years in prison (the sentence is calculated from the date of execution of the judgment. If he is detained before the execution of the judgment, one day in custody will be equivalent to one day of the sentence, that is, starting from July 12, 2014 From July 11, 2023);

2. The Wuyi County People’s Procuratorate seized the illegal income of RMB 245,000, the defendant Xu who was on record, and confiscated it, and the seizure unit turned it over to the state treasury.

If you are dissatisfied with this judgment, you may appeal through this court or directly to the Jinhua Intermediate People's Court of Zhejiang Province within ten days from the second day after receiving the judgment. If the appeal is made in writing, one original and two copies of the appeal shall be submitted.

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